BERRY et al v. CARTER et al
| EARLIE B.A. BERRY, JR. |
| ROBERT E. CARTER, ARAMARK FOOD SERVICE, BRANDON PHERSON, JASON ENGLISH, FRAZIER, WAGNER, DUSHAN ZATECKY, CHRISTOPHER WILLIAMS, ALLEN, CHRISTOPHER CODY, PEREZ, AMBER COOPER, CENTURION INDIANA SERVICES LLC, DOROTHY LIVERS, JOHN GALIPEAU, JOHN HARVIL, LIAM, JACKSON, HEINRICH, DIAZ, ISSA, ARMSTRONG, ERIC HOLCOMB, OMBUDSMAN and WEXFORD INDIANA |
| 1:2022cv00340 |
| February 16, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James R Sweeney |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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Filing 13
ORDER ON MOTION FOR COPIES - The plaintiff's motion for copies requests that the Court send the plaintiff a copy of his complaint and the exhibits attached to it. He argues that when he reviewed his copy of the complaint, he noticed that certain defendants, claims, and exhibits were missing. The Court has adopted a practice of granting reasonable requests from indigent litigants for copies of specific docket entries with good cause shown. Here, the plaintiff has shown good cause for needing a copy of his complaint. Therefore, his motion, dkt. #12 , is granted to the extent the clerk is directed to include a copy of docket #1 with the plaintiff's copy of this Order. See Order for additional information. Copies to Plaintiff via US Mail. Signed by Magistrate Judge Tim A. Baker on 3/31/2022. (SWM)
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Filing 11
ORDER Directing Monthly Payments be made from Prison Account of Earlie B.A. Berry, Jr. ***SEE ORDER FOR ADDITIONAL INFORMATION*** (Copies mailed pursuant to distribution list) Signed by Judge James R. Sweeney II on 3/30/2022.(JDC)
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Filing 10
ORDER - The plaintiff's motion for leave to proceed in forma pauperis, dkt. #9 , is granted. The plaintiff's trust account statement reflects that he lacks sufficient funds to pay an initial partial filing fee. Therefore, the Court will separately issue a collection order to facilitate payment of the filing fee. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 3/30/2022. (JDC)
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| Filing 12 MOTION Requesting Copies of Complete Complaint and Request for Exhibit, filed by Plaintiff EARLIE B.A. BERRY, JR. (Attachments: #1 Exhibit)(JDC) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff EARLIE B.A. BERRY, JR. (Attachments: #1 Exhibit). (MAC) |
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Filing 8
ORDER ON PENDING MOTIONS - The plaintiff's motion to correct deficiency, dkt. #7 , is granted to the extent that the Court considers the plaintiff's trust account statement in support of his motion for leave to proceed in forma pauperis. The plaintiff's motion for leave to proceed in forma pauperis, dkt. #2 , is denied because his trust account statement reflects that he has sufficient funds to pay the filing fee. The plaintiff shall have through April 8, 2022, to pay the $402.00 filing fee for this civil action or explain why he is unable to do so. Failure to comply with this deadline may result in the dismissal of this action without further notice. The plaintiff's motion for copies, dkt. #6 , is granted to the extent the clerk is directed to include a copy of docket #1 with the plaintiff's copy of this Order. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 3/10/2022.
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| Filing 7 MOTION to Correct Deficiency, filed by Plaintiff EARLIE B.A. BERRY, JR. (Attachments: #1 trust acct statements)(JDC) |
| Filing 6 MOTION Requesting Copies, filed by Plaintiff EARLIE B.A. BERRY, JR. (JDC) |
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Filing 5
NOTICE OF DEFICIENCY - On February 16, 2022, Earlie Bailey initiated this lawsuit by filing a complaint and a motion to proceed in forma pauperis. The motion to proceed in forma pauperis includes Mr. Berry's inmate trust account information from March 7, 2021, through September 7, 2021. Dkt. 2-1. However, in order to rule on Mr. Berry's motion to proceed in forma pauperis, the Court must review Mr. Berry's trust account information for the six-month period immediately preceding this lawsuit. 28 U.S.C. 1915(a)(2). Mr. Berry must submit this information by March 15, 2022. Failure to meet this deadline may result in dismissal of the action for failure to prosecute. (Copy to Plaintiff via U.S. mail) Signed by Judge James R. Sweeney II on 2/22/2022.(JDC)
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| Filing 4 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. Copy to plaintiff by U.S. Mail. (MEH) |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Plaintiff, EARLIE B.A. BERRY, JR. (Attachments: #1 Transaction History Reports and Trust Fund Offender Activity)(DJH) |
| Filing 1 COMPLAINT against ALLEN, ARAMARK FOOD SERVICE, ARMSTRONG, ROBERT E. CARTER, CENTURION INDIANA SERVICES LLC, CHRISTOPHER CODY, AMBER COOPER, DIAZ, JASON ENGLISH, FRAZIER, JOHN GALIPEAU, JOHN HARVIL, HEINRICH, ERIC HOLCOMB, ISSA, JACKSON, LIAM, DOROTHY LIVERS, OMBUDSMAN, PEREZ, BRANDON PHERSON, WAGNER, WEXFORD INDIANA, CHRISTOPHER WILLIAMS, DUSHAN ZATECKY, filed by EARLIE B.A. BERRY, JR. (No fee paid with this filing) (Attachments: #1 Cover Page for exhibits, #2 Exhibit A -- Offender Grievances and Returns of Grievances, #3 Exhibit B -- including Policy and Administrative Procedure, Execuitive Directive #21-01, Professional Services Contract, Policy and Administrative Procedure, Medical Nutrition Therapy & Religious Meals Manual, Pendleton Correctional Facility/ISF Offender Handbook, #4 Exhbit C -- menus and menu patterns for medical diets, #5 Exhibit D -- label for Sunshine Brand Morning Beverag With Protein, #6 Exhibit E -- Vitamin B12 deficiency consequences, prescription, #7 Exhibit F -- letters, #8 Exhibit G -- Requests for Interviews, #9 Exhibit H -- Affidavit of Kenneth Trisler, #10 Exhibit I -- Notes, #11 Exhibit J -- medical records, Requests for Health Care, letters, #12 Exhibit K -- medical records, Requests for Health Care, Offender Grievances)(DJH) |
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